2
hours, Mrs. Fischer-Pivaral was in front of the house of her sister, Karen Fischer de
Carpio, widow of Jorge Carpio-Nicolle. There,
three heavily armed men, who were waiting in the cul-de-sac in front of her sister
Karen's house, held her up, forced her to get out of the car, snatched away her cellular
telephone, and insulted her for approximately ten minutes. Finally, they stole her car
keys and fled while Lorraine took shelter behind Karen's armored car.
With the purpose of confirming the intimidating nature of these acts, the InterAmerican Commission demonstrated that the motive of robbery in this case can be
discarded, since the vehicle was not damaged and no objects of economic value were
taken from Mrs. Lorraine Fischer-Pivaral. The Commission in its note requests,
moreover, that the Court adopt "whatever measures are necessary to investigate
this outrage and sanction those responsible."
CONSIDERING:
1.
That the Government has not complied with the duty set forth in resolutory
part 4 of the June 4, 1995 Order of the President;
2.
That the request of the Inter-American Commission puts forward new facts
that affect Mrs. Lorraine Maric Fischer-Pivaral, who is not included on the list of
persons protected by the urgent measures issued by the President on June 4, 1995;
3.
That there is a direct family relationship between Mrs. Lorraine Maric FischerPivaral and Mrs. Karen Fischer de Carpio that bears on the facts which gave rise to
the request of the Inter-American Commission for provisional measures in the Carpio
Nicolle Case and that leads to the conclusion that the acts of intimidation of which
Mrs. Fischer-Pivaral was a victim could put her life and physical integrity in grave
danger;
4.
That the facts described by the Inter-American Commission are credible to
the Court and demonstrate in this situation the prima facie characteristics of gravity
and urgency that justify the Court's adoption of the provisional measures it deems
pertinent to avoid grave and irreparable damages to the person on whose behalf
they are requested;
5.
That in accordance with Article 1(1) of the American Convention on Human
Rights, the Government in its capacity as State Party is obligated to respect the
rights and freedoms recognized in the Convention and to ensure their free and full
exercise to all persons subject to their jurisdiction;
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 63(2) of the American Convention on Human Rights and
exercising the authority conferred on him by Article 24(4) of the Rules of Procedure
of the Court, and in previous consultation with the Permanent Commission of the
Court,
DECIDES:
1.
To request that the Government of the Republic of Guatemala expand the